Jothi, v. The State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2025 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN Jothi W/o Mani @ Manikandan ..

Petitioner v.

The State represented by its

1. The Deputy Inspector General of Prison Coimbatore Range Coimbatore Central Prison Coimbatore 641 018

2. The Superintendent Coimbatore Central Prison Coimbatore 641 018

3. The Superintendent Salem Central Prison Salem 636 007 ..

Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to grant ordinary leave for 30 days without escort to the detenu Mani @ Manikandan, S/o Thangaraj, aged about 36 years, Convict No.23259, detained at Central Prison, Salem.

For Petitioner ::

Mr.Sarath Pandian for Dr.S.S.Manoharan For Respondents ::

Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

(Order of the Court was made by M.JOTHIRAMAN,J.) The writ petition has been instituted for directing the respondents to consider the representation of the petitioner dated 06.11.2024 and grant 30 days ordinary leave without escort to the detenu Mani @ Manikandan, S/o Thangaraj, aged about 36 years, Convict No.23259, who is confined at Central Prison, Salem.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. It is needless to point out that whenever a representation of this nature is made to the statutory authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending

indefinitely. As such, non-consideration of the representation by the statutory authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

4. In view of the above observation, this Court, without going into the merits of the petitioner's representation or the contentions of the petitioner in the affidavit filed in support of this writ petition, directs the respondents to consider the representation of the petitioner dated 06.11.2024, if not already disposed of, and pass appropriate orders on merits and in accordance with law, within a period of one week from the date of receipt of a copy of this order and communicate the same to the petitioner. The writ petition stands disposed of accordingly. No costs. Index : yes/no (S.M.S.,J.) (M.J.R.,J.) 09.01.2025 ss

To

1. The Deputy Inspector General of Prison Coimbatore Range Coimbatore Central Prison Coimbatore 641 018

2. The Superintendent Coimbatore Central Prison Coimbatore 641 018

3. The Superintendent Salem Central Prison Salem 636 007

4. The Public Prosecutor High Court, Madras

S.M.SUBRAMANIAM,J.

AND M.JOTHIRAMAN,J.

ss 09.01.2025